Fascinating(yet depressing) plenary session at the Health Law Professors Conference ft. @ninakohn.bsky.social @mayamanian.bsky.social @mblawrence.bsky.social Medha Makhlouf Joan Krause Aaron Kessleheim: Updates on healthcare law & policy in tumultuous times. #HLP2025

I always like to see what other LPE and LPE Adjacent Scholars are up to. Thanks to @lpeblog.bsky.social for highlighting my article alongside other people whom I like reading such as @mblawrence.bsky.social, Bijal Shah, and Fred Jacobs, amongst others.

"Within only a couple months, Sewell became addicted to the app." Big decision denying motion to dismiss on 1A grounds today in Garcia v. Character A.I., the first case against a chatbot for allegedly contributing to a teen's death. Full opinion here: tinyurl.com/496s4epn

My book won the 2025 Neustadt award for best book on the American presidency. Presidents enact bad policies, on purpose, because it helps them define their brand & gives the impression they're in charge. If that basic message resonates, please give it some of your reading time: lnkd.in/dVPsriXt

Surreal honor to be among a truly impressive list of experts recently appointed to serve as public members and senior fellows of the Administrative Conference of the United States. www.acus.gov/article/admi...

Thank you to the wonderful editors of the Indiana Law Journal for bringing "Super-Groups: Legal Empowerment and Public Law" to print! My best effort to explore who the "powerful" are and the role of law in making them that way. www.repository.law.indiana.edu/ilj/vol100/i...

There's relatively little substantive content in the text of the MFN EO, but this section is emblematic of the many, many questions people should have about its scope. Where will the Secretary get this pricing information? How will they decide "price targets"? For which drugs? Which countries? Etc.

Sharing some of my thoughts on the unconstitutionality of impoundment at @dorfonlaw.bsky.social Thoughts welcome!

"in effect the early second Trump Administration seems to have substituted OMB’s legal authority over apportionment (which now must be exercised transparently) with DOGE’s functional control over federal payment systems" www.yalejreg.com/nc/secret-co... Great piece on by @mblawrence.bsky.social

Very cool-looking new paper from Dave Pozen and @mblawrence.bsky.social. Check it out! papers.ssrn.com/sol3/papers....

Incredible to see "Moral Panic or Public Health Crisis? Lessons From Drugs and Gambling for 'Addictive' Design" now out in print! With my amazing @EmoryLaw 2L coauthor, Kevin Yan. When was the last time you saw a Music Man epigraph? digitalcommons.law.seattleu.edu/cgi/viewcont...

Doing our best to explain what is going on with checks and balances when it comes to federal spending!

Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Appropriations Presidentialism," by @mblawrence.bsky.social, Eloise Pasachoff, and Zachary Price. Check it out! www.yalejreg.com/nc/ad-law-re...

"'Appropriations Presidentialism'—which clocks in at an eminently readable 25 pages—is both a short and engaging introduction to the issues and an extremely thoughtful preliminary assessment of an important development." Thanks @dtdeacon.bsky.social for sharing our paper in the Ad Law Reading Room!

Excited to have the opportunity to present Statutory Liquidation at the Harvard/Yale/Stanford Junior Faculty Forum in June! Check the paper out here: papers.ssrn.com/sol3/papers....

missed this amid *gestures* last week, but this is such a fantastic, fascinating read. I learned a ton and saw countless ways these systems (and their shortcomings) had affected my own access to essential medications, others' challenges finding care, and much else. so, so well worth your time.

With marijuana rescheduling stalled, and tighter control of other substances on the horizon, analyzing drug scheduling is timely & closely linked to public health. Read an insightful piece from @mblawrence.bsky.social & David Pozen, forthcoming in Harvard L. Rev. papers.ssrn.com/sol3/papers....

This paper is excellent — a must-read for anybody concerned by the failures of our federal drug scheduling system, and how to fix it.

Marijuana rescheduling has stalled. The Controlled Substances Act has failed. The opioid crisis continues. We need to rethink drug scheduling from the ground up. But how? Excited to share Dave Pozen's and my effort, forthcoming in the Harvard Law Review. tinyurl.com/3cxe6bh6

Thread: this flew under the radar but is very concerning. Apportionment involves pro-forma OMB quarterly letters to agencies confirming they can spend $ as appropriated by Congress. OMB has now permanently shuttered the public apportionment website per Politico/letter from OMB to Senator Murray.

Now that courts are pushing back on DOGE's interference with spending through Treasury systems, OMB is breaking the law to keep its own spending actions secret. I explain this separation of powers struggle in "Secret Conditions Move from DOGE to OMB," just up at Yale J Reg. tinyurl.com/3uyht563

Spread the word: if your NEH grant has been canceled (or you know someone who this applies to), please fill out or pass along this form from ACH.

"there is ultimately no substitute for Senators’ and Representatives’ energy and attention when it comes to maintaining Congress’s constitutional authority over the public purse" @mblawrence.bsky.social Eloise Pasachoff and Zach Price

Delighted to share news--my essay with Eloise Pasachoff and Zach Price, “Appropriations Presidentialism," is forthcoming in Georgetown Law Journal Online! papers.ssrn.com/sol3/papers.... The draft is our attempt to explain a developing front in the fight for checks and balances. Thoughts welcome!

If you get the chance to attend (or even speak at) a conference at Seton Hall law, you take it! Terrific, informative, generative presentations today reflecting on the ACA at 15 with a 🔥🔥🔥 keynote by Abbe Gluck. Thanks to the center for health & pharma law and Seton Hall J. Leg. for hosting!

How does the ACA address/should address the social determinants of health? Fascinating discussion w @weparmet.bsky.social @mblawrence.bsky.social @yaelcannon.bsky.social & John Jacobi @setonhallhealthlaw.bsky.social ACA at 15 symposium at Seton Hall Law!

Awesome to share my jointly-authored article with Columbia's Dave Pozen, “Drug Scheduling as Institutional Design,” is now forthcoming in the Harvard Law Review! Drug law meets admin law meets public health meets harm reduction meets LPE. Public soon, but welcome draft requests!

Thrilled about the "ACA at 15" symposium by Seton Hall J of Legislation & @setonhallhealthlaw.bsky.social on March 14! With @lindsaywiley.bsky.social @christinasho.bsky.social @weparmet.bsky.social @mblawrence.bsky.social @yaelcannon.bsky.social+other ⭐⭐⭐ Register: law.shu.edu/events/journ...!

Join @knightgtown.bsky.social for a timely discussion of how courts are grappling with platform liability, design, and real-world harms. Details, speakers (@mblawrence.bsky.social, @meetalijain.bsky.social, & more), and registration link👇🏼 🔗 : bit.ly/3R21pGa 📅 Mar 18, 2025 | ⏰ 10AM - 12PM EST

Viewpoint: Courts are increasingly looking to the medical field for answers as they adjudicate cases involving social media's impact on children's mental health and newly enacted child protection laws. ja.ma/415zdXP #MedSky

I was very lucky to collaborate with Emory Medicine colleagues Justine Welsh and Allison LoPilato and @emorylaw 3L Allison Hickman on this new piece for JAMA @jama_current -- "What Courts are Asking Medicine About Social Media" Check it out! ow.ly/43TI50V1E0a

Every morning for years, driving by the CDC on the way to work it's been all anti-vax signs. Today for the first time it was tons of pro-public health signs..."trans health matters," "vaccines save lives," "inequity is an atrocity"

Emory Law Journal has put together a terrific symposium--great conversations at dinner tonight and a tremendous series of panels tomorrow ahead of a keynote by Commissioner Bedoyaftc.bsky.social. I'm looking forward to it! And nice somehow to focus on a critical yet not-entirely-partisan issue.

🎁 Impoundment Control Act explainer democrats-budget.house.gov/resources/fa...

I have one detail to add to @sbagen.bsky.social's take. When Trump 1.0 held up military aid Congress had promised Ukraine, OMB claimed it was merely a "programmatic delay." GAO unequivocally rejected that theory last time, but OMB may assert it here anyway. www.gao.gov/assets/b-331...

Amid the barrage of EOs, it's easy to overlook maybe the most consequential idea fueling Trump's second term: the proposition that he can refuse to spend any congressionally appropriated funds he doesn't like. My new one with Adam O'Neal @economist.com www.economist.com/united-state...

I did a long-form print interview with Corporate Crime Reporter on two of my recent corporate-crime papers (Criminal Subsidiaries and Criminal Investors). A link to an online excerpt of the interview is below. (Links to the papers are in the story.)

It's law review article polishing season and I realized I never posted this here--sharing in case it's helpful: My guide/checklist for writing law review article introductions. Happy submission season to those who celebrate! scholarblogs.emory.edu/proflawrence...

Everyone was not equally excited about our Atlanta snow day!

I filed an amicus brief today! It is posted on ssrn at papers.ssrn.com/sol3/papers....

ELJ invites you to register for the 2025 Randolph W. Thrower Symposium on Thursday, February 6, 2025! This year's Symposium will focus on the regulation of social media platforms and other addictive technologies. Register here: emorylaw.wufoo.com/forms/m1hpgd...

Thoughts on Brent Cebul and Lily Geismer's "Why Bidenism Failed." buttondown.com/sbagen/archi...

My amazing, talented group of 1L leg-reg students at Emory law will be getting their first law school grades over the winter break. The "curve" means many will be disappointed. Anyone out there with helpful stories/advice/encouragement I can share when grades go out?

"[W]hile it is common to speak broadly of the power of 'the wealthy'..., leveling the playing field in our constitutional democracy may require disrupting or democratizing specific, identifiable, legally-empowered groups." Very cool stuff from @mblawrence.bsky.social lpeproject.org/blog/preside...

Today, @mblawrence.bsky.social argues that to assess the influence of interest groups on our politics, and to recognize opportunities for meaningful reform, we to distinguish between ordinary interest groups and legally-empowered super-groups.

Presidents are Strong, But Super-Groups Can Be Stronger--my piece today in @lpeblog.bsky.social.

HHS OGC has posted two major advisory opinions, one on states' authority to require work as a condition of Medicaid eligibility and another on states' authority to exclude providers for providing certain types of care related to abortion. www.hhs.gov/guidance/sit... www.hhs.gov/guidance/sit...

Tik Tok trivia: Judge Douglas Ginsburg, who wrote today’s big decision upholding the “ban,” invented the first computerized dating service in the US. “Operation Match” started using algorithms to play matchmaker on an IBM 7090 back in 1965, way before it was cool. www.thecrimson.com/article/1965...

It's wild that Galanter's "Why the Haves Come Out Ahead: Speculations on the Limits of Legal Change" was published a half century ago (1974). Fresh as ever. If you've missed it: lawforlife.org.uk/wp-content/u... They did a re-release a million years ago in 2014: www.law.uci.edu/faculty/full...

Pretty excited to see Emory Law 3L Lane Cannon's poem on TVA v. Hill published in the Georgia YLD Division Review. This was the winner of our leg-reg poet lawreate contest back in 2022. As a leg/reg professor and appropriations nerd, I could not be more proud! www.gabar.org/docs/default...